Bobby Kaur Hanaspi @ Booby Kaur Hansepi v. The State of Assam and 2 Ors

ORDER Date : 04-10-2023 Heard Ms. M. Konyak, learned counsel for the petitioner and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for all the respondents.

¶2The case of the petitioner projected in this writ petition is that he is the registered owner of 4 [four] nos. of vehicles bearing registration nos. [i] AS-01/ES-7984, [ii] AS-01/EK-5834, [iii] AS-01/BD-0082 & [iv] AS-01/JC-1528. It has been stated that the said 4 [four] vehicles were taken on hire basis by the office of the respondent no. 3 on different occasions and they were released subsequently. It has been stated that the petitioner had submitted the final bills towards hiring charges by taking into account the hiring charges fixed by the State Government towards hiring charges for different category of vehicles. It has been stated that aggrieved by non-release of the hiring amount totalling ₹ 22,70,682/- submitted through the final bills, the petitioner has to prefer the writ petition seeking a direction to the respondent authorities to release such amount.

¶3A counter affidavit has been filed on behalf of the respondent no. 3 on 31.08.2023 stating inter alia that the hiring charges bills submitted by the petitioner were verified with the concerned records of the Motor Transport Branch of the Police Reserve, Guwahati. It has been averred that in the course of verification, it is found that altogether 12 nos. of hiring charges bills in respect of the 4 [four] vehicles bearing registration nos. [i] AS-01/ES-7984, [ii] AS-01/EK-5834, [iii] AS-01/BD-0082 & [iv] AS-01/JC-1528 were received from the petitioner and all those hiring charges bills were forwarded to the Sanctioning Authority after observing the required formalities, to accord sanction and allotment of fund against each proposal. It has been stated that the payment of the hiring charges bills are dependent upon the sanction and allotment of fund from the Sanctioning Authority. As no sanction for the entitled amount has been received from the Sanctioning Authority till date, the proposals are kept pending. Page No. 3/4

3.1. The respondent no. 3 has provided that the details of the bills forwarded to the Sanctioning Authority as under :-

Proposal No. 428-439 [RV] dated 13.07.2023 Sl. No. Vehicle No. Type of Vehicle Period Amount

¶1AS-01/ES-7984 M/Scco

01.07.2021

31.12.2021 Rs. 1,85,564.00

¶2AS-01/EK-5834 Bolero

01.07.2020

15.10.2020 Rs. 1,32,626.00

¶3AS-01-JC-1528 Bolero

01.01.2019

30.06.2019 Rs. 2,24,350.00

¶4AS-01-BD-0082 M/Van

01.07.2019

31.12.2019 Rs. 1,85,564.00 AS-01-BD-0082 M/Van

01.01.2020

30.06.2020 Rs. 1,83,548.00

¶6AS-01-BD-0082 M/Van

01.07.2020

31.12.2020 Rs. 1,85,564.00

¶7AS-01-BD-0082 M/Van

01.01.2021

02.05.2021 Rs. 1,23,038.00

¶8AS-01-BD-0082 M/Van

01.07.2018

31.12.2018 Rs. 1,85,564.00

¶9AS-01-JC-1528 Bolero

01.07.2018

31.12.2018 Rs. 2,28,068.00

¶10AS-01-BD-0082 M/Van

01.01.2019

30.06.2019 Rs. 1,82,538.00

¶11AS-01-JC-1528 Bolero

01.07.2019

31.12.2019 Rs. 2,28,068.00

¶12AS-01-JC-1528 Bolero

01.01.2020

30.06.2020 Rs. 2,25,590.00

¶4In the backdrop of the above fact situation, Mr. Gogoi, learned Additional Senior Government Advocate, Assam has submitted this writ petition can be disposed of with a direction to the respondent authorities to release the amount as per the Proposal no. 428-439 [RV] dated 13.07.2023 as expeditiously as possible, by indicating an outer limit. According to him, a period of 4 [four] months will be a reasonable time period for the respondent authorities to process, sanction and disburse the amount forwarded vide Proposal no. 428-439 [RV] dated 13.07.2023.

¶5Ms. Konyak, learned counsel for the petitioner has agreed to the submission made by Mr. Gogoi, learned Additional Senior Government Advocate, Assam.

¶6In view of the broad consensus arrived at the parties in the afore-stated manner, this Court is of the considered view that instead of keeping this writ petition pending the same can be disposed of with a direction to the respondent authorities to process, sanction and Page No. 4/4 disburse the amount of ₹ 22,70,682/-, which is stated to be pending towards hiring charges of the afore-mentioned 4 [four] vehicles, as expeditiously as possible, but within an outer limit of 4 [four] months from the date of receipt of a certified copy of this order at the office of the respondent no. 3. It is accordingly ordered.

¶7This order disposes of the writ petition. No cost.

JUDGE Comparing Assistant

Page No. 1/4 GAHC010101892023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2673/2023 BOBBY KAUR HANASPI @ BOOBY KAUR HANSEPI S/O- LATE DARSHAN SINGH, R/O- NATUN SARANIA NEAR KALI MANDIR, GANDHI BASTI, H/NO. 82, VOLTAS LANE, GUWAHATI, DIST. KAMRUP(M), ASSAM, PIN- 781003. VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI DIST. KAMRUP(M). 3:THE COMMISSIONER OF POLICE GUWAHATI DIST. KAMRUP(M) ASSAM Advocate for the Petitioner : MR. S BORTHAKUR Advocate for the Respondent : GA, ASSAM Page No. 2/4 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY